Standards Death Pays
This advertisement has not loaded yet, but your article continues below. We all know that many companies go through the trouble of laying out their employment standards severance pay and rules before advertising to anyone. But how many times have you come across an ad for a company where the employment standards rule number one is “Do not fire or lay off”. That is not hard to follow, and certainly sounds like something the majority of people would want to adhere to.
There is no doubt that laying off employees can be a very difficult process for any manager. However, there are many more employers than there are employees in some businesses. In addition, the number of employed people is decreasing as the baby boomer generation ages. So the likelihood of finding someone with the necessary skills and education to be a successful manager is becoming increasingly rare. Therefore, the only way to ensure that companies remain fully compliant with all employment standards, laid out by the federal government and every state, is to use the process of laying off as a last resort.
The problem most people encounter, is that they are trying to navigate a minefield of information and feel very intimidated by it all. This is understandable, especially when the person who asked for the piece of information is acting as an advocate for the employee. In many cases, an employment standards termination pay is one of the last resorts that an employer will take. And that is definitely a step you don’t want to take! That’s why presenting an aggressive strategy is so important in this circumstance.
The Truth About Employment Standards Death Pays!
In order to make this aggressive approach work for you, it is critical to build your case. In this example, let’s say you’ve just read an advertisement for a company that plans to layoff 200 employees after going through a merger and acquisition. Based on that information alone, you can gather enough information to form your own opinion based on the facts you’ve gathered. However, if you were to apply this same information and apply it to an employment standards review board, which evaluates dismissal decisions based on the guidelines set out by the government, you would run into some serious roadblocks.
First, it may be difficult to convince the board that your position as an employee makes you a danger to the company, considering the fact that you have not been laid off due to a genuine financial reason. In addition, the review board may very well conclude that the reason for your firing was related to your conduct, in other words, you had shown some behavior that made the company less comfortable with you, and that therefore, laidoff is in your best interests. So the first thing you want to do is make sure you present a compelling argument to explain to the review board why you believe you have a valid employment reason for termination. This is actually the most common law argument for layoff in Canada, but it is rarely successful in court.
If that is the case, and you still think you have a solid case, you may want to consider hiring an employment lawyer who has experience with these types of cases. You should know that although the Employment Standards Branch does not handle every layoff situation it handles very few, so hiring an attorney who specializes in these circumstances is a good idea. This lawyer will be able to provide you with the necessary advice based on the details of your particular circumstances. And if your story continues to this point, you may even want to consider taking an aggressive approach to laying off an employee, because you just may be setting yourself up for future problems with the boss.